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STATE EX REL. SMITH v. INDUS. COMM.

No. 2002-0852.

99 Ohio St.3d 90 (2003)

2003-Ohio-2452

THE STATE EX REL. SMITH, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 16, 2003.

Attorney(s) appearing for the Case

Stewart Jaffy & Associates Co., L.P.A., and Rachel B. Jaffy, for appellant.

Jim Petro, Attorney General, and William J. McDonald, Assistant Attorney General, for appellee.

Per Curiam.

{¶ 1} Appellant-claimant, Mark A. Smith, alleged that his employer violated a specific safety requirement ("VSSR") pertaining to the guarding of saw blades. He successfully applied for a VSSR award and appellee Industrial Commission of Ohio set the amount at 15 percent:

{¶ 2} "A higher percentage than is granted in this order was discussed at hearing. However, it is noted that...

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